Estate of Dunn v. Kerby

Respondent filed a motion to dismiss appellant's appeal herein, upon the ground that the notice of appeal was not filed within 90 days after the entry of judgment, as required by C. S., secs. 7152, 7153.

Judgment was entered July 15, 1926, and the notice of appeal was mailed to the clerk of the district court and by him received after the closing of his office, and after office hours, on October 13, 1926 (the last day within which the appeal might be taken), and was actually filed in the office of the clerk on the morning of October 14, 1926. In an affi davit of the cleric, which is not…